Category Archives: Malpractice Lawsuits

Developments in Medical Malpractice Litigation

Woman who lost her limbs after botched surgery wins $109m in malpractice suit

Representational image Reuters

Lisa-Maria Carter underwent an operation to remove an ovarian cyst when a surgeon allegedly cut her small bowel, releasing flesh-eating bacteria, which destroyed her abdominal tissue.

 A former intelligence contractor for the US military, who lost her limbs, abdominal muscles and sections of her digestive organs following a botched surgery, has won a $109M lawsuit.

Lisa-Maria Carter has spent eight years fighting a court case against the University of South Florida’s (USF) medical team after the 2010 surgery.

“I’m very, very happy. I am so thankful to God for blessing me at this point,” the 53-year-old told Fox 13 News.

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Key Tips on Handling a Difficult Lawsuit When It Comes to Malpractice

Medical malpractice lawsuits are often difficult to win, with the majority of them being won by the defense (the doctor’s side).

There are many challenges that you need to face before you can prove and win your case.

Aside from the fact that medical …

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Continuance sought in med-mal against Christus continuance is being sought in a suit brought by a Jefferson County widow against Beaumont health care providers, which alleges their negligence caused the death of her husband.

Jessica Morris filed a lawsuit March 14, 2016 in Jefferson County District Court against Christus Hospital – St. Elizabeth, Dr. Frank J. Fasullo Jr.

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Man shot in neck last year files medical malpractice suit against Geisinger

Norman Lynch was shot in the neck early on Feb. 28, records show, and was transported to Geisinger Wyoming Valley Medical Center in Plains Township.

A lawsuit filed Wednesday in Luzerne County Court argues that Geisinger is responsible for a significant …

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Coroner Refuses to Pronounce Breathing, Moving Man Dead nearly three hours, New York emergency room doctor Gregory Perry ignored requests to re-check a heart attack victim, according to a malpractice lawsuit filed by the victim’s wife.

Niagara County coroner Joseph Mantione had been called to pronounce 46-year-old Michael Cleveland dead and was one of those trying to get Perry to reassess the situation, according to a recent deposition obtained by the Buffalo News.

“Dead people don’t move. He needs to go in there and check his pulse,” Mantione says he told ER staff at DeGraff Memorial Hospital. He says he arrived to pronounce Cleveland dead only to find the patient with his eyes open and breathing.

“It was something I hope to never see again,” Mantione tells the News .

Read the full story here

Woman who lost hands and feet in botched ovarian cyst surgery awarded £70million in damages woman who lost both her hands and feet after botched surgery to remove a benign cyst on her ovary has been awarded more than £70 million in damages.

Lisa-Maria Carter, from Tampa, Florida, said she endures constant abdominal pain after her small intestines were sliced open and is now unable to feed or dress herself following the surgery at Tampa General Hospital back in 2010.

What is left of her intestines sits outside her body in a skin sack and she has to use an colostomy bag.

Now, after battling through three court cases, she has been awarded the massive sum from the University of South Florida, which employed the surgeon through its college of medicine.

During the operation a doctor sliced through her small intestine, releasing flesh-eating bacteria, which doesn’t cause any damage to the bowels, but destroyed her abdominal tissue, according to a medical malpractice lawsuit.

It also caused her to lose huge amounts of blood, so she had to be given a medication that constricts blood flow from the extremities to preserve the vital organs.

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New NY law extends deadline for cancer lawsuits

As he signaled earlier this week, Gov. Andrew M. Cuomo signed a law Wednesday to extend the time cancer patients have to file medical malpractice lawsuits.

As a result, the statute of limitations for filing a suit now will be either 2 1⁄2 …

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Can three titans of modern industry revolutionize your health care? Vox is a physician specializing in rehabilitation medicine and a journalist.

He is a medical analyst for NPR station WABE-FM 90.1 in Atlanta.

The opinions expressed in this commentary are his.

Read the rest on CNN

New York State bill to allow patients to sue for poor cancer treatment houses of the state Legislature have approved a proposal to make significant changes to New York’s medical malpractice law by allowing patients to sue years after an alleged misdiagnosis or mistreatment for cancer.

The Republican-controlled Senate and the Democrat-controlled Assembly passed the measure Tuesday, two days after Democratic Gov. Andrew Cuomo and legislative leaders – Senate Majority Leader John Flanagan and Speaker Carl Heastie – announced an agreement on the legislation.

Dubbed “Lavern’s Law” after Lavern Wilkinson, the bill changes the statute of limitations for filing a lawsuit for a missed cancer diagnosis to 2½ years after the time when a patient first learns of the medical error.

The current law’s limitation is 15 months after a misdiagnosis.

Wilkinson, of Brooklyn, died in 2013 after a missed cancer diagnosis.

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Study finds chemotherapy spreads cancer throughout the body if there was a natural remedy everybody was using to treat cancer, but then the FDA and CDC found out it actually caused more cancers to develop in the body, and scientific studies proved it.

How fast would the FDA and CDC come in, shut it all down and make the treatment illegal?

The news would be plastered all over mass media and everyone would know.

There would be lawsuits for millions, if not billions of dollars, levied against the creators of the treatment.

We would never hear the end of it.

Consider, on top of that horror story, if thousands of doctors actually knew that the treatment method was a fraud, but kept using it on their cancer patients anyway because of the major revenue.

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Supreme Court rejects medical malpractice caps

Supreme Court rejects medical malpractice caps ruling, which stemmed from a Broward County case, dealt with malpractice lawsuits that allege personal injuries.

It was effectively an extension of a 2014 Supreme Court ruling that found caps unconstitutional in wrongful-death malpractice cases.

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Botched Circumcision Case in Discovery County, GA
The efforts of veteran attorney Jonathan Johnson are, at the moment, heavily focused on a medical malpractice case that will have long lasting consequences for a three-year-old boy who will be growing up with a mutilated penis after …

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Malpractice damage caps struck down by Florida Supreme Court
The Florida Supreme Court on Thursday ruled that a law limiting pain-and-suffering damages in medical malpractice cases is unconstitutional, rejecting a controversial change that the Legislature and then-Gov. Jeb Bush approved in 2003.

It is about time!

Original article on Orlando Sentinel

Woman asking for $6 million in medical malpractice claim against UIHC Wray, 74, is asking the hospital to pay her $6 million.

Dr. Jeremy Greenlee diagnosed Wray with a non-cancerous tumor in the lining of her brain in May of 2015.

These tumors grow slowly and doctors can just monitor them.

The claim says Dr …

Original story is here

Jury sides with hospital in medical malpractice suit Gann, a former chaplain at Hillcrest; his two sons; and Marjorie Coslett, his deceased wife’s mother, sued Scott & White Memorial Hospital, doing business as Hillcrest Baptist Medical Center, for what the family claims was the narcotic drug …

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Can a Pro Se Litigant File a Medical Malpractice Claim as Executor of the Estate? Court of Appeals of Nebraska was faced with a case involving plain error and a pro se litigant filing a medical negligence suit as the executor of the deceased’s estate in Assad v. Sidney Regional Medical Center (No. A-16-949, May, 2017).

In …

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NC Appeals Court Says Patient Can Sue For Negligence

Converting plaintiff’s action into one for ordinary negligence would allow her to circumvent the requirement of expert certification for her medical malpractice complaint.

Plaintiff’s witnesses for an ordinary negligence claim will still be …

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Malpractice lawsuit gets new life a four-judge decision, the high court reversed the circuit court’s finding in favor of the defendants and sent the case back for further action.

The four judges ruled the defense’s evidence of Wilson’s informed consent was irrelevant and could …

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Autopsies Can be Helpful in Establishing Medical Malpractice

Superior Court affirms medical malpractice win for defendants
The Superior Court recently ruled in favor of defendants Chestnut Hill Hospital, Tri-County Emergency Physicians and many of its associates in an appeal filed by Ellesia Blaque of a trial court decision clearing the healthcare provider …

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Defendants deny claims in medical malpractice lawsuit affirmative defenses, the answer claims that the complaint fails to comply with requirements under Ohio Revised Code, that any injuries, losses and damages were a result of a superseding, intervening cause and/or the plaintiff’s own negligence …

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Miami Gardens family wins $33.8 million medical malpractice award against federal government federal government will have to pay a Miami Gardens family a $33.8 million award in a medical malpractice lawsuit after a judge ruled on Monday that a federally employed doctor’s decisions caused a teen’s baby boy to suffer irreversible …

Full Local10 report

Governor expected to approve medical malpractice lawsuits limits and Republicans in the Iowa legislature have had fierce debates over liability issues this year.

However, a bill that would place new limits on medical malpractice lawsuits now has made it through the House and Senate with bipartisan support.

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Autopsies Can be Helpful in Establishing Medical Malpractice“Even if you don’t believe that your doctor did anything wrong or out of the ordinary, it is advisable to ask for an autopsy to be performed within 24 hours of death.”

“And you should immediately suspect that something is wrong if the request is refused.”

To prove that medical malpractice played a role in the death of a loved one, you must first determine the exact cause of death and provide conclusive actions linking the attending specialist to that cause.

If a hospital refuses to agree to an autopsy …

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Medical malpractice bill passes Iowa Senate Iowa Senate gave final approval Monday to legislation aimed at limiting medical malpractice lawsuits, one of the key priorities of majority Republicans’ policy agenda for the 2017 session.

Senate File 465 includes provisions governing doctor …

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Bills stir debate over medical malpractice ROUGE — A pair of bills calling for an increase in the $500,000 cap on economic damages for medical malpractice has prompted lawmakers to consider broader changes in state laws.

The House Civil Law and Procedure Committee voted Thursday to …

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GOP Bill Would Make Medical Malpractice Suits Harder to Win
Low-income people and older Americans would find it more difficult to win lawsuits for injuries caused by medical malpractice or defective drugs or medical devices under a bill drafted by House Republicans as part of their plan to replace …

Full NY Times article

UPDATE: Medical Malpractice Lawsuits in the News

Okay, so here’s a staggering, and sobering, statistic:

“According to a study by John Hopkins Medicine, medical error is the third leading cause of death in the United States right behind heart disease and cancer.”

Texas doctor can’t be sued in New Mexico, court rules said the instances in which Texas law allows malpractice lawsuits against hospitals like Texas Tech University Medical Center are so narrow that it would not be possible to file suit against it, and that was probably never a possibility under …

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Arkansas Jury Enters $46.5 Million Verdict For Toddler In Medical Malpractice Case

In a two-week trial, a toddler, Kara Smalls received a jury verdict of $46.5 million in compensatory damages against a family doctor, Dr. Jonathan Lewis, employed by Ouachita Valley Family Clinic, a Baptist Health …

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Are medical malpractice lawsuits really a form of ‘blackmail’?

Both President Trump and Price have criticized “frivolous” medical malpractice lawsuits for contributing to the cost of health care and health insurance.

Insurers are said to charge more to recoup the costs of lawsuits; doctors are said to order …

Read more on the Star Tribune

Prescription for disaster: Is the system stacked up against victims of medical malpractice? were almost 1,000 malpractice lawsuits filed last year compared to 845 in 2011, according to the state office of court administration.

As a percentage, medical malpractice lawsuits represent a tiny fraction of non-motor vehicle civil lawsuits …

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Jury awards Springfield woman $28 million in malpractice lawsuit, MO
A Greene County jury this week awarded nearly $29 million to a woman who sued Mercy Clinic Springfield Communities for malpractice in 2015.

Attorneys for Emilee Williams convinced a jury that her doctor, Dr. Elene Pilapil, …

Read more on KY3

Court awards Valley veteran $2.5 million in medical malpractice Army vet Steve Cooper was awarded $2.5 million in his medical malpractice lawsuit against the Phoenix VA on Monday.

U.S. Magistrate Michelle Burns ruled Monday that a nurse practitioner who found abnormalities in Cooper’s prostate in 2011 should …

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Medical malpractice judgment might be largest in state history 2014, the South Dakota Board of Medical and Osteopathic Examiners reprimanded Oury for failing to disclose medical malpractice lawsuits and criminal charges on his application to practice medicine in South Dakota.

During 2012 and 2013, the board …

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Aiken Regional Medical Centers hit with $13.75 million judgment – Aiken Standard Regional Medical Centers must pay a triple amputee nearly $14 million in damages, in a medical malpractice case, according to a verdict reached by an Aiken County jury Tuesday.

Seletha Gartrell, 54, of Aiken, filed suit after she lost both her …

Original story on Aiken Standard

Who can file a medical malpractice lawsuit?, WI
According to a study by John Hopkins Medicine, medical error is the third leading cause of death in the United States right behind heart disease and cancer.

Yet in Wisconsin, families of victims are seldom awarded money for their emotional …

See Fox6Now for the original post

House narrowly OKs bill putting restrictions on medical malpractice lawsuits Kentucky House narrowly approved a bill that will make it more difficult to pursue medical malpractice and neglect lawsuits in Kentucky, putting the bill one procedural step away from being sent to Gov. Matt Bevin for his signature.

Under Senate …

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Hospital Pays Out $500,000 In Medical Malpractice Lawsuit malpractice lawsuits are more common than one may think.

Unfortunately, even routine procedures can go horribly wrong in the blink of an eye.

Most of the time, medical personnel have good intentions when entering an operating room.

However …

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$50 million civil trial accuses Phoenix VA of medical malpractice Army veteran Steve Cooper of Chandler has stage 4 prostate cancer, a terminal illness Cooper claimed could have been easily treated if not for the reckless care he received at Phoenix’s VA Medical Center.

(Source: 3TV/CBS 5). A $50 million medical …

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UPDATE: Medical Malpractice Lawsuits Back in the News

House Panel Backs Lawsuits Over Abortion Injuries lawsuits would not be handled as more-typical medical malpractice cases, which have requirements that make them more difficult to pursue.

“This bill is about women’s safety,” Grall said before the vote.

“It is about empowering a woman who has been …

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Judge dismisses some claims in lawsuit against former Manitowoc doctor isn’t just a medical malpractice claim, that he just didn’t blow it with regard to what he was prescribing.

We asserted that there was an extreme monetary benefit for what they were doing,” the plaintiffs’ attorney, Timothy Knurr, said.


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Woman who lost hands, feet sues doctor, FL
A former intelligence analyst for the department of defense did not expect to be living in a nursing home, being spoon fed her meals and medication.

But living without hands and feet is the new normal for Lisa Maria Carter.

She went in …

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Failure to Diagnose Heart Disease: Medical Malpractice

If you or a family member experienced a heart attack because of a failure to diagnose heart disease, you may have a case for medical malpractice.

Depending on the outcome, you may be able to recover damages for wrongful death and funeral expenses, …

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Ala. SC declines to apply ‘new, greatly expanded’ theory of liability in hospital negligence cases, Ala.
The Alabama Supreme Court has sided with a Sheffield-area hospital at the center of a medical malpractice lawsuit, filed after a man died from an aneurysm 20 days after his visit to the facility’s emergency room.

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Lawyer calls Maryland senator’s role in medical malpractice Maryland state senator joined the defense team in a medical malpractice lawsuit last month even though he has limited legal expertise in that area, a move the …

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Supreme Court Confirms Expert Testimony Requirement

Supreme Court Confirms Expert Testimony Required to Establish Causation in Legal Mal Cases the recent case of Bozelko v. Papastavros, 323 Conn. 275 (Sept. 27, 2016), the Connecticut Supreme Court ruled that expert testimony is required to establish the element of causation in a legal malpractice case.

Thus, even where an attorney’s …

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Trustee Lacks Standing to Assert Legal Malpractice Claims on Behalf of Debtors

The Massachusetts Bankruptcy Court (Panos, J.) dismissed an adversarial proceeding complaint brought against debtor’s counsel which alleged legal malpractice.

The trustee alleged that debtor’s counsel committed malpractice and asserted that the legal …

Full article is here

Things to Think About Before Suing a Client Over Past-Due Bills California, attorneys sometimes wait until after the statute of limitations for legal malpractice has expired to demand payment of unpaid fees because the time to sue for breach of contract is generally much longer than the time to sue for malpractice.

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California Appellate Court Analyzes When Attorney-Client Relationship Ends Stopping Tolling Of Statute Of

A California appellate court issued a unanimous opinion in October providing guidance regarding the tolling provision for continued representation as to legal malpractice claims, as set forth in section 340.6 of the California Code of Civil Procedure …

Original article can be seen here

Syracuse University accuses longtime law firm Bond, Schoeneck & King of malpractice law firm still represents the university in other legal matters, according to a source connected to SU.

In negotiating a contract for the bookstore, Bond, Schoeneck & King lawyers “violated ethical rules, professional standards and fiduciary duties …

Original article can be seen here

The Professional Judgment Rule or ‘Qualified Immunity’ is, the professional judgment rule is effectively an affirmative defense precluded for adjudication upon preliminary objections except where the complaint clearly begs that defense (for example, a complaint alleging legal malpractice for an …

Original article can be seen here

Third Circuit upholds trial court ruling in legal malpractice action
A panel of appellate judges has recently ruled to affirm a trial court’s decisions on the subjects of judgment on the pleadings and a denial of a motion for reconsideration in a legal malpractice litigation.

On Nov. 10, judges Michael A.

Original article can be seen here

50 Cent to Receive $14.5 Million in Legal Malpractice Suit Victory Cent (real name Curtis Jackson) has settled a malpractice lawsuit with his former lawyers and will receive $14.5 million — but it’s unlikely 50 Cent will see any of that award, as most of it will go toward satisfying the $23 million bankruptcy …

Original article can be seen here

SC Supreme Court extends Statute of Limitations in Lawyer Malpractice

21 at 17), reversed precedent and adopted a hybrid rule for the statute of limitations defense involving legal malpractice claims. Stokes-Craven, an automobile dealership, was sued in an automobile fraud case. Stokes-Craven hired Robinson to defend it …

Original article can be seen here


Dental Malpractice Lawsuits Happening Right Now

Lawsuit alleges malpractice in Anaheim dental clinic infection case leave Children’s Dental Group of Anaheim after an appointment earlier this year.

The first medical malpractice lawsuit on behalf of a patient hospitalized with a dental infection acquired during an outbreak this year, has been filed against …

The full article is here

VA Offering Screening To Vets Due To Questionable Dental Care the Tuesday press conference, Brahm acknowledged recent malpractice in other departments at the Tomah VA.

But she said the medical center has made significant improvements in the last year.

“I am seeing signs that it is working,” Brahm said.

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Reform now: VA dentist may have infected 600 vets with HIV, hepatitis

That’s an odd defense, though; they already know the dentist purposefully violated the regulations, and that he put patients at risk.

Whether or not that results in criminal charges, it’s still insubordination and professional malpractice, more than …

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Patient alleges dental malpractice caused loss of teeth

NEW ORLEANS – A woman claims that her dentist failed to properly treat her periodontal disease.

Dorothy Tull-Johnson filed a suit against Ronald S. Leggio DDS in the Orleans Parish Civil District Court on Oct. 25.

According to the claim, the plaintiff …

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OC Clinic Facing Lawsuit Over Infections other charges, the initial lawsuit alleges the clinic engaged in fraudulent behavior and medical malpractice through means of intimidation by performing unnecessary pulpotomies, otherwise known as “baby root canals,” which have so far resulted in …

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Prominent Medical Malpractice Lawsuits In The News

California Supreme Court ruling in medical negligence cases will have far reaching effect FRANCISCO — A recent California Supreme Court court ruling has broken new ground when it comes to the interpretation of the statute of limitations regarding medical negligence lawsuits.

The California Supreme Court ruled in the case of Flores v …

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Understanding damages in a medical malpractice case

There are four requirements for a medical malpractice action: duty, departure, proximate cause and damages. The first arises from the doctor-patient relationship and the second and third address how a failure to adhere to the Standard of Care caused the …

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Is Money The ONLY Way To Settle a Medical Malpractice Claim?

One way in which physicians can respond to a medical error is to apologize. Apologies—statements that acknowledge an error and its consequences, take responsibility, and communicate regret for having caused harm—can decrease blame, decrease anger, increase trust, and improve relationships. Importantly, apologies also have the potential to decrease the risk of a medical malpractice lawsuit and can help settle claims by patients.

Patients indicate they want and expect explanations and apologies after medical errors and physicians indicate they want to apologize. However, in practice, physicians tend to provide minimal information to patients after medical errors and infrequently offer complete apologies. Although fears about potential litigation are the most commonly cited barrier to apologizing after medical error, the link between litigation risk and the practice of disclosure and apology is tenuous.

Other barriers might include the culture of medicine and the inherent psychological difficulties in facing one’s mistakes and apologizing for them. Despite these barriers, incorporating apology into conversations between physicians and patients can address the needs of both parties and can play a role in the effective resolution of disputes related to medical error.

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Consumer Studies Undermine Arguments for Medical Malpractice Tort Reform in Obamacare Replacement Bills

Americans for Insurance Reform (AIR), a project of the Center for Justice & Democracy representing a large coalition of public interest groups, today published two major new studies of the medical …

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Judge awards max to woman, 24, after hysterectomy federal judge awarded a 24-year-old woman the maximum amount permitted under West Virginia’s medical malpractice laws after finding that a Beckley doctor who removed the woman’s uterus acted in reckless disregard of her safety. U. S. District Judge …

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Should I File for Medical Malpractice? What You Should Know

The specific laws governing a medical malpractice suit vary from state to state, so you will need to find out what qualifies in your state. Generally, however, the terms that must be met for a suit of this kind include: Many states have specific laws …

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$20M settlement for lawyer’s stroke

A former Chicago attorney who experiences severe memory loss after suffering a stroke at work has settled his lawsuit for $20 …

More info on this story can be found here

Husband and wife accuse Advocate Christ Medical Center, others of medical malpractice — A husband and wife are suing Collette Major, M.D., Mosijola Ogunbuyide, C.R.N.A., Midwest Anesthesiologists, Ltd, and Advocate Christ Medical Center, citing alleged insufficient measures were taken to prevent injuries and negligence, leaving …

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Long Beach Mother Claims Malpractice After Misdiagnosis

A Long Beach mother is claiming medical malpractice after she says doctors misdiagnosed symptoms of her young son who had a penny lodged in his …

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Malpractice Settlement: Plaintiff gets verdict in the amount of US$5,835,000

Settlement: Malpractice – Decision in favor of Plaintiff in the amount of US$ 5,835,000

Celeste and Ignacio Trevino v. Mithcell Sheinkop, M.D. and Michael Lee, M.D. Decision for Complainant for US$ 5,835,000

Full decision here

Settlement: Malpractice – Verdict in favor of Plaintiff in the amount of US$2,378,000

Settlement: Malpractice – $2,378,000 Verdict in favor of Plaintiff
Saundra Boyd v. Orthopaedic Associates of Central Maryland, P.A., et al. Verdict for Complainant for US$ 2,378,000Read the full story

Female claims sepsis was linked to malpractice
EDWARDSVILLE– A woman is suing Alton Multispecialist, Ltd., James A. Kliefoth, M.D., Alton Memorial Medical facility and Mary Schmidt, M.D., medical …See all stories on this subject